
Observations and inanities by a second-shift assistant supervisor in the Puppy-Grinding division of the Evil Atheist Conspiracy® (our motto: "Sure it's cruel, but think of the jobs!"), your host, Brent Rasmussen.
RIAA Sues Music Fans, Are Music Performers Next?
Purchasing acoustic guitars online?
First of all, I would like to thank Brent for giving me the opportunity to post on UTI. I have been an reader of UTI and its associated blogs for a long time, and I have a great respect for all those who post here.
We all know about the record industry's backwards attempt to shore up its revenues by suing people who download music. As a musician, I have seen this as purely selfish and all about profits for the record labels. I always felt that these actions were hurting musicians too, even if it was peripherally. Now I am finding that the music industry is directly attacking musicians and their craft.
More below the fold...
Many musicians join cover bands and perform in bars, at weddings and music festivals (to name but a few venues) for the love of performing as well as to support themselves. Many musicians spend countless hours listening to other artists songs over and over again to figure out how they are played. Artists share this work by transcribing what they've learned in a format that is called 'tablature', and there are many websites that allow artists to share the tablature they have written with other musicians.
Tablature is different than sheet music. Sheet music is an exact transcription of an artists song as recorded into musical notation. Tablature is someone's interpretation of how to perform a song on a guitar or bass. When you look at these tablature sites, you will find many versions of many songs from many different people. This is one of the reasons these tablature sites are so valuable to musicians; you get many different interpretations of a song. Now it seems that the music industry is targeting these tablature websites.
My favorite tablature site is Guitar Tab Universe. I have downloaded tablature for many songs from this site, and have posted some as well. It is one of the largest tablature sites and is an extremely vibrant community, one which exists only because of musicians' love of music and performance. In addition, these tablature sites give young musicians a huge depth of material to study and learn from.
Last week, when I went to the Guitar Tab Universe, instead of the search engine I was used to seeing, there was a note posted on the site, and the note started as follows:
"The company which owns this website has been indirectly threatened (via our ISP) with legal action by the National Music Publishers' Association (NMPA) as well as the Music Publishers' Association (MPA) on the basis that sharing tablature constitutes copyright infringement."
At this point, the site owner asked a critical question;
"At what point does describing how one plays a song on guitar become an issue of copyright infringment?"
The answer is NEVER. This is not about copyright infringement; this is about money. It is about the fact that now artists can share their ability to learn with one another without having to spend tremendous amounts of money on expensive songbooks.
Sheet music publishers are now publishing songbooks in tablature as well as traditional music notation. Tablature websites give musicians transcriptions for free, directly impacting sales of the official tablature. So, in the interest of corporate profits, these organizations are trying to shut down these sites just like they are trying to do with music sharing sites. The key difference is that now they are targeting the performers, not just the listeners.
This just shows how corrupt and revenue-driven the music industry has become. Musicians are the lifeblood of the music industry, and rather than nurture and promote grassroots musical communities they attack anything that could impact this year's bottom line. Musicians are being looked at as another source of revenue, and their contribution to the industry is completely ignored.
I, for one, am sick of it, both as a musician and as a music lover. It did not work when the RIAA started suing downloaders, and this will not work either. More and more artists are finding ways to be successful online without the large record companies, and more music lovers are looking for great music outside the major labels. Promotional vehicles like YouTube and MySpace, and online retailers like iTunes and CD Baby have shown that you don't need a major label to become a successful musician. This is scaring the music industry, and with good reason. It is just too bad that they have taken such an ignorant and damaging approach to the issue.


















Dance Studios Too
In addition to my day job, I work Thursday nights and almost all day Saturday teaching dance classes. The studio owner has a BMI membership sticker displayed on the door walking into the studio so that we can legally use recordings of songs when we are teaching our own choreography. We even change the songs and take out choruses and bridges and the like to keep the songs around 2 minutes and 30 seconds long. I've taught at three different dance studios and taken lessons at a 4 others. I only remember 1 other dance studio having the legal right to use music. In college we did a lot of dancing to the sound of paper ripping or someone performing a monologue (I actually danced a solo on top of scaffolding to the pope giving mass in Latin. I think it was a really interesting choice of a performer for this number). I wonder if we were just keeping things cheap.
By the way, I have no idea how to copyright choreography, but moves get "borrowed" all the time. If this wasn't allowed, tap dancing would look nothing like it does. I think it's important to be able to have access to other people's art so that changes can be made and the art form doesn't remain stagnant. I would hate to think that copyright protection would keep us listening to the same egotistic rap and whinny alternative rock forever.
Mandy U
Great post - slight complication
Hey Eric, great post. Unfortunately, this issue is a little more complicated. We live in a country with two separate music copyrights, the one that gets the most attention, is the copyright for sound recordings, which is in the actual recorded version of a song. Obviously this gets the most attention, because it's the copyright the labels own (typically), and the one people share through mp3 etc... The second is the copyright in the song itself, the words and music so to speak, which is owned by the songwriter. The rights in this including publishing rights, and are the basis for why ASCAP and BMI collect performance royalties for songwriters.
Technically, a tab site that is publishing sheet music for a copyrighted song, is infringing use, as the songwriter has the exclusive right to publish their work. The issue gets complicated though, considering "fair use" (which is getting eroded quickly in our country).
An analogy though: If someone writes a play, with the hopes of selling it to theaters for performance. They get the play performed, and someone in the audience transcribes the whole thing, and later posts it on the internet for anyone to perform it, in that case, the playwrite's only financial incentive for writing the play is shot (sure he can prevent people from performing the play, but in music, once a song has been publicly performed, anyone else who wants to perform it is allowed to, as long as they pay mechanical royalties).
Now, I'll end with what really makes this whole thing a clusterf**k. If you, the intrepid guitarist listen to the recording yourself, and transcribe the tab, and then perform the song... all good, just as long as you don't publish your transcription on the net.
Cheers.
Songwriter's Copyrights
It's OK Khidr, you can say "clusterfuck" here. :)
I had not thought about it from the songwriter's perspective. You make a good point, and I can see where a songwriter who does it for a living might get a little nervous.
However, the songwriter is not under attack by musicians who want to play and sing his music in bar bands. The very idea is ridiculous. I mean, you'd think that cover bands performing the songwriter's music would be cheap advertising, at the very least. Tab sites just let musicians and cover bands pick up a song quicker and easier.
If the suit stems from RIAA's misguided effort to "protect" their songwriters, then the copyright law needs to be clarified and changed for this specific area.
If the RIAA can sue tab-sharing sites, then what is next? The RIAA suing cover bands singing in bars, and individual musicians and guitarists singing at weddings and bat mitzvahs?
clusterfuck.
Well, the thing that's aggravating, is that they can't sue cover bands. Once a song has been publicly performed (i.e. recorded by someone) then, ANYONE else who wants to perform that song can, as long as they pay the mechanicals. (In the case of paying the license fees collected by ASCAP and BMI, that ordinarily falls on the venue, who has a blanket license and a monthly fee with the performing rights groups.
Check out : http://www.straightdope.com/classics/a1_324b.html for an overview.
The whole industry is fucked, and yes, that's a term of art.
Recording vs. Performing
Well, that article seems to be referring to recording, not performing a cover.
Do bar cover bands have to become members of BMI and pay monthly dues to cover the "mechanicals" for the songs they perform in bars? Seems like that would make it very tough for bar bands to make a living with that hanging over their heads.
I am genuinely interested. I was not aware of this portion of the business.
I'm about as musical...
...as a can of tuna. But my wife is very much so (MA in Music History, member of the North American Welsh Choir, et cetera) and I look forward to seeing what you have to say. Good post, and welcome!
Jim Downey
"Sometimes I think we're alone. Sometimes I think we're not. In either case, the thought is staggering."
- R. Buckminster Fuller
Guitartabs.cc
Awesome first post, Eric! Welcome to UTI. I hope to see a lot more of your stuff in the future.
I love Guitartabs.cc. I was floored when I found the site all-but shut down a few weeks ago. It's all a money thing if you ask me. *shakes fist at RIAA*